Pepper v. Peacher

I agree with the majority that the Oklahoma Teacher’s Retirement System’s (OTRS) designation of beneficiary does not meet the definition of a will as outlined in Miller v. First Nat’l Bank & Trust Co., 637 P.2d 75, 77 (Okla.1981), thus bringing the designation within 84 O.S. 1981 § 114.1 I also agree that the trial court erred in ruling as a matter of law that the appellant, Pepper, could not reasonably believe that his claim to the OTRS funds would prevail2 — whether Pepper held a reasonable belief in a reasonably doubtful claim must be resolved by the trier of fact. However, I am troubled…